OHS Code Explanation Guide

Published Date: July 01, 2009
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Part 29 Workplace Hazardous Materials Information System (WHMIS)

Section 412 Information confidential

There are circumstances where information that is the subject of an exemption for disclosure must be disclosed.

(1) Employers must provide information about a controlled product to a medical professional who requests that information for the purpose of medical diagnosis or treatment of a person in an emergency.

(2) When there is an appeal, the Appeal Board established under the Hazardous Materials Information Review Act may order a claimant to disclose in confidence to one or more affected parties, information related to the subject matter of the appeal if, in the opinion of the Appeal Board, the information should be disclosed to protect health and safety at a workplace.

(3) In addition, confidential business information must be provided to any official of

(a) Health Canada or a designated federal WHMIS inspector from Alberta Human Services, for the purposes of administration or enforcement of Part II of the Hazardous Products Act;
(b) Human Resources and Development Canada for the purpose of the administration or enforcement of Part IV of the Canada Labour Code;
(c) Department of Transportation for the purpose of making information available in cases of medical emergency through the Canadian Transport Emergency Centre; and
(d) Alberta Human Services for the purpose of administration or enforcement of provincial legislation related to occupational health and safety.

In all cases, where confidential business information is disclosed, recipients must keep the information confidential. The Hazardous Materials Information Review Act provides for penalties in the event of contravention of any provision of the Act, including unauthorized disclosure of information.